Chapter 17. Ownership and other real rights to land.
Article 260. General provisions on land ownership.
1. Persons who own a land plot are entitled to sell it, give, pledge or lease and dispose of it in another way (Article 209) insofar as the corresponding land is not excluded from circulation or is not restricted in circulation.
2. On the basis of the law and in accordance with the procedure established by it, lands of agricultural and other purposes are determined, the use of which for other purposes is not allowed or restricted. The use of a land plot related to such lands may be carried out within the limits determined by its purpose.
Article 261. Land as an object of ownership.
1. Lost force.
2. Unless otherwise established by law, the right of ownership to a land plot extends to the surface (soil) layer and water bodies located on it, and the plants located on it.
3. The owner of a land plot has the right to use at his discretion everything that is above and below the surface of this site, unless otherwise provided by the laws on subsoil, airspace use, other laws and does not violate the rights of others.
Article 262. Plots of public use. Access to the land.
1. Citizens have the right freely, without any permits, to be on land plots in state or municipal ownership not closed to public access, and to use the natural objects existing in these plots to the extent permitted by law and other legal acts, as well as by the owner corresponding land plot.
2. If the land plot is not fenced or its owner has not clearly indicated in any other way that entry to the plot without his permission is not allowed, any person may pass through the plot provided that it does not cause damage or disturbance to the owner.
Article 263. Land Development
1. The owner of a land plot may erect buildings and structures on it, carry out their restructuring or demolition, and allow others to build on his plot. These rights are exercised subject to the observance of town planning and construction norms and rules, as well as the requirements for the designation of a land plot (clause 2 of Article 260).
2. Unless otherwise provided by law or contract, the owner of the land plot acquires the right of ownership of a building, structure and other immovable property erected or created by him for himself on the plot belonging to him.
The consequences of unauthorized construction, produced by the owner on the land belonging to him, are determined by article 222 of this Code.
Article 264. Land rights of persons who are not owners of land plots.
1. Land plots and real estate located on them may be provided by their owners to other persons for permanent or fixed-term use, including for rent.
2. A person who is not the owner of the land plot shall exercise the rights of ownership and use of the land plot belonging to him on the conditions and within the limits established by law or an agreement with the owner.
3. The owner of the land plot, who is not the owner, shall not have the right to dispose of this plot, unless otherwise provided by law or the contract.
Article 265. Grounds for the acquisition of the right to lifelong inheritable possession of a land plot.
The right to lifelong inherited possession of a land plot that is in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.
Article 266. Possession and use of a land plot on the right of lifelong inheritable possession.
1. A citizen who has the right to lifelong inherited possession (the owner of the land plot) has inheritance rights of possession and use of the land plot.
2. Unless otherwise stipulated by the conditions of use of a land plot established by law, the owner of a land plot has the right to erect buildings and structures on it and create other immovable property, acquiring the right of ownership to it.
Article 267. Disposal of land in inheritance for life.
1. The owner of a land plot may transfer it to other persons for rent or free of charge term use.
2. Sale, pledge of a land plot and the conclusion of other transactions by its owner that entail or may entail alienation of a land plot shall not be permitted.
Article 268. Grounds for acquiring the right of permanent (perpetual) use of a land plot.
1. The right of permanent (perpetual) use of a land plot that is in state or municipal ownership shall be granted to legal entities based on a decision of the state or municipal body authorized to provide land plots for such use.
2. The right of permanent use of a land plot may also be acquired by the owner of a building, structure and other immovable property in the cases provided for by paragraph 1 of Article 271 of this Code.
3. In the event of reorganization of a legal entity, the right of permanent use of a land plot belonging to it shall be transferred in the order of succession.
Article 269. Possession and use of land on the basis of permanent use.
1. A person to whom a land plot is granted for permanent use shall possess and use this plot within the limits established by law, other legal acts and the act of granting the plot for use.
2. A person to whom a land plot is granted for permanent use is entitled, unless otherwise provided by law, to independently use the plot for the purposes for which it is granted, including the construction of buildings, structures and other real estate for this purpose. Buildings, structures, other immovable property created by this person for themselves are his property.
Article 270. Abolished ..
Article 271. The right to use the land plot by the property owner.
1. The owner of a building, structure or other real estate located on a land plot owned by another person shall have the right to use the part of the land plot provided by such a person under this property.
Unless otherwise provided by law, the decision to grant state or municipal ownership, or the contract, the owner of a building or structure has the right to permanently use a part of the land plot (articles 268-270) on which this real estate is located.
2. When transferring ownership of a property located on a foreign land plot to another person, it acquires the right to use the relevant part of the land plot under the same conditions and in the same amount as the previous owner of the property.
The transfer of ownership of the land is not the basis for the termination or change of the right to use this land plot belonging to the property owner.
3. The owner of the property located on another land plot has the right to own, use and dispose of this property at its discretion, including demolishing the relevant buildings and structures, insofar as this does not contradict the conditions of use of this site established by law or contract.
Article 272. Consequences of loss by the property owner of the right to use a land plot.
1. Upon termination of the right to use a land plot granted to the owner of the immovable property located on this plot (Article 271), the rights to real estate left by its owner on the land plot are determined in accordance with the agreement between the owner of the plot and the owner of the corresponding immovable property.
2. In the absence or non-achievement of the agreement specified in paragraph 1 of this article, the consequences of the termination of the right to use a land plot are determined by the court at the request of the owner of the land plot or the property owner.
The owner of the land plot has the right to demand in court that after the termination of the right to use the plot the owner of the property releases it from the property and brings the plot to its original condition.
In cases when the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or is not subject to implementation due to the apparent excess of the cost of the building or structure compared to with the cost of the land allocated for it, the court, taking into account the grounds for termination of the right to use the land plot and upon presentation of the relevant requirements by the parties, may:
to recognize the right of the owner of real estate to acquire ownership of the land on which this property is located, or the right of the owner of the land plot to acquire the remaining real estate, or
3. The rules of this article shall not apply when taking a land plot for state or municipal needs (Article 283), as well as termination of rights to a land plot due to its inappropriate use (Article 286).
Article 273. Transfer of the right to a land plot in case of alienation of buildings or structures located on it.
When transferring ownership of a building or structure that belonged to the owner of the land on which it is located, the rights to the land plot, determined by agreement of the parties, are transferred to the acquirer of the building (structure).
Unless otherwise provided by the agreement on the alienation of a building or structure, the acquirer transfers ownership to that part of the land plot that is occupied by the building (structure) and is necessary for its use.
Article 274. The right of limited use of another's land plot (servitude).
1. The owner of real estate (land, other real estate) shall have the right to require from the owner of a neighboring land plot, and in necessary cases from the owner of another land plot (neighboring site) to grant the right of limited use of the neighboring site (servitude).
The servitude can be installed to provide passage and passage through the neighboring land plot, laying and operation of power lines, communications and pipelines, water supply and melioration, as well as other needs of the owner of real estate, which cannot be provided without establishing a servitude.
2. Charging the land with a servitude does not deprive the owner of the land plot of the rights to own, use and dispose of this land.
3. A servitude is established by agreement between the person demanding the establishment of a servitude and the owner of a neighboring plot and is subject to registration in the manner established for registering rights to immovable property. In case of failure to reach an agreement on the establishment or terms of the servitude, the dispute is resolved by the court at the suit of the person demanding the establishment of the servitude.
4. On the conditions and in the manner provided by paragraphs 1 and 3 of this article, a servitude may also be established in the interests and at the request of the person to whom the parcel is granted on the right of lifelong inheritable possession or the right of permanent use.
5. The owner of the site, burdened with a servitude, has the right, unless otherwise provided by law, to demand from the persons in whose interests a servitude is established, a commensurate fee for using the site.
Article 275. Preservation of servitude in case of transfer of rights to a land plot.
1. A servitude is retained in case of transfer of rights to a land plot that is burdened with this servitude to another person.
2. The servitude cannot be an independent subject of sale and pledge and cannot be transferred in any way to persons who are not owners of real estate, for which the servitude is established to ensure the use.
Article 276. Termination of servitude.
1. At the request of the owner of a land plot burdened with a servitude, the servitude may be terminated due to the disappearance of the grounds on which it was installed.
2. In cases when a land plot owned by a citizen or a legal entity cannot be used as a result of a servitude as a plot, the owner has the right to demand that the servitude be terminated.
Article 277. Encumbrance with servitude of buildings and structures.
In relation to the rules provided for in Articles 274 - 276 of this Code, buildings, structures and other real estate may be burdened with a servitude, the limited use of which is necessary without regard to the use of a land plot.
Article 278. Recovery of land.
Levying a land plot for the obligations of its owner is allowed only on the basis of a court decision.
Article 279. Redemption of land for state and municipal needs.
1. A land plot may be withdrawn from the owner for state or municipal needs by means of a buyout.
Depending on for whose needs the land is being withdrawn, the repurchase is carried out by the Russian Federation, the relevant subject of the Russian Federation or the municipality.
2. The decision to withdraw a land plot for state or municipal needs is taken by the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation.
The state bodies authorized to make decisions on the withdrawal of land for state or municipal needs, the procedure for preparing and making these decisions are determined by federal land legislation.
3. The owner of the land plot must be no later than a year before the forthcoming withdrawal of the land plot in writing notified to this by the authority that made the decision on the withdrawal. Redemption of a land plot before the expiration of a year from the date of receipt by the owner of such notice is allowed only with the consent of the owner.
4. The decision of the state body on the withdrawal of a land plot for state or municipal needs is subject to state registration with the authority that registers the rights to a land plot. The owner of the land plot must be notified of the registration with the indication of its date.
5. Redemption for a state or municipal needs of a part of a land plot is allowed only with the consent of the owner.
Article 280. The rights of the owner of the land plot to be seized for state or municipal needs.
The owner of the land plot subject to withdrawal for state or municipal needs, from the moment of state registration of the decision to withdraw the plot until an agreement is reached or the court makes a decision on the purchase of the plot, can own, use and dispose of it at its own discretion and make the necessary expenses ensuring the use of the plot in accordance with with his appointment. However, the owner bears the risk of attributing to it when determining the redemption price of a land plot (article 281) of costs and losses associated with new construction, expansion and reconstruction of buildings and structures on a land plot during the specified period.
Article 281. Redemption price of a land plot seized for state or municipal needs.
1. Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other terms of redemption are determined by agreement with the land owner. The agreement includes the obligation of the Russian Federation, a subject of the Russian Federation or a municipality to pay the redemption price for the seized plot.
2 including lost profits.
3. By agreement with the owner, he may be provided in return for a plot seized for state or municipal needs, another land plot with offset of its cost into the redemption price.
Article 282. Redemption of a land plot for state or municipal needs by a court decision.
If the owner does not agree with the decision to withdraw land from him for state or municipal needs, or the agreement on the redemption price or other conditions of redemption has not been reached with him, the state body that made this decision may file a lawsuit to redeem the land plot. A claim for the redemption of a land plot for state or municipal needs may be filed within two years from the date of sending the notification to the site owner specified in paragraph 3 of Article 279 of this Code.
Article 283. Termination of the rights of possession and use of a land plot upon its withdrawal for state or municipal needs.
In cases when the land plot withdrawn for state or municipal needs is in the possession and use on the right of lifelong inheritable possession or permanent use, the termination of these rights is carried out in accordance with the rules provided for in Articles 279 - 282 of this Code.
Article 284. Withdrawal of a land plot that is not used in accordance with its purpose.
The land plot may be withdrawn from the owner in cases where the plot is intended for agricultural production or for housing or other construction and is not used for a relevant purpose for three years, unless a longer period is established by law. This period does not include the time required for the development of the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or due to other circumstances precluding such use.
Article 285. Withdrawal of a land plot used in violation of the law.
The land can be withdrawn from the owner if the land is used with a gross violation of the rules of rational use of land established by land legislation, in particular if the land is not used in accordance with its intended purpose or its use leads to a significant decrease in agricultural land fertility or a significant deterioration of ecological land. setting.
Article 286. The procedure for the seizure of land due to its improper use.
1. A state or local government body authorized to make decisions on withdrawal of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of land plot owners regarding violations committed are determined by land legislation.
2. If the owner of the land plot notifies in writing the authority that made the decision to withdraw the land plot of his consent to execute this decision, the land plot is subject to sale at public auction.
3. If the owner of the land plot does not agree with the decision to withdraw the plot from him, the authority that made the decision to withdraw the plot may file a request for the sale of the plot to the court.
Article 287. Termination of rights to land owned by persons who are not its owners.
Termination of rights to a land plot owned by tenants and other persons who are not its owners due to inappropriate use of the land by these persons is carried out on the grounds and in the manner established by land legislation.
<< Chapter 16 TKRF Back to table of contents Chapter 18 TKRF >>